Cabinet Approvals on June 12, 2019

On June 12, 2019, the Union Cabinet chaired by Prime Minister Shri Narendra Modi took a stock of decisions on various proposals. The details of the cabinet approvals are as follows:

Approval of “The Central Educational Institutions (Reservation in Teachers’ Cadre) Bill, 2019″
The Cabinet approved the introduction of a Bill namely “The Central Educational Institutions (Reservation in Teachers’ Cadre) Bill, 2019”. It addresses the long standing demands of persons belonging to Scheduled Castes (SCs)/ Scheduled Tribes (STs) / Socially and Educationally Backward Classes (SEBCs) and ensure their rights envisaged under the Constitution. It will also ensure to provide 10% reservation to Economically Weaker Section (EWS). The Bill will replace “The Central Educational Institutions (Reservation in Teachers’ Cadre) Ordinance, 2019”.

Key Points:

• It will allow to fill up more than 7000 existing vacancies by direct recruitment in Teachers’ Cadre with 200 point roster and ensure compliance of the Constitutional Provisions of Articles 14, 16 and 21.
• It will ensure full representation of SCs/ STs/SEBCs and EWS in direct recruitment in teachers’ cadres.
• It is expected to improve the teaching standards in the higher educational institutions by attracting all eligible talented candidates belonging to SCs/STs/SEBCs and EWS.
• It will consider the University/ College as one unit restoring earlier reservation system based on 200 point roster. ‘Department / Subject’ will no longer will be treated as one unit.
• The unit for reservation of posts in direct recruitment in teachers’ cadre will be the University/Educational Institutions and not the Department.

Cabinet cleared fresh bill to ban instant triple talaq
Union Minister for Information and Broadcasting Prakash Javadekar announced that Cabinet approved a fresh bill to ban the practice of instant triple talaq, Muslim Women (Protection of Rights on Marriage) Bill 2019. It will replace Muslim Women (Protection of Rights on Marriage) Second Ordinance, 2019. It stated that triple talaq is punishable with imprisonment of 3 years and a fine. It also provides for payment of subsistence allowance to married Muslim women and dependent children.
Key Points:

• The Bill will ensure gender equality and gender justice to Muslim women.
• It will protect the rights of married Muslim Women and prevent divorce through the practice of ‘Talaq-e-biddat’ by their husbands.
• It empowers the woman by providing her a chance for hearing before the accused is released on bail.
• It will be introduced in the Budget session of Parliament which begins on June 17, 2019.

Cabinet extended President’s rule for 6 more months in J&K
A meeting of the Union Cabinet, chaired by Prime Minister Narendra Modi approved the extension of President’s rule in Jammu and Kashmir (J&K) for six more months beginning July 3, 2019 under article 356(4) of the Constitution of India.Key Points:

• The rule has been continuing in Jammu and Kashmir since June 20, 2018 and the present rule was supposed to expire on July 2, 2019.
• This will be the last extension of the central rule in the state. The Election Commission (EC) has issued a statement stating that elections in J&K would be announced after the annual Amarnath Yatra beginning on July 1, 2019.

Approval of “New Delhi International Arbitration Centre Bill, 2019”
The Cabinet approved the “New Delhi International Arbitration Centre (NDIAC) Bill, 2019” to promote ease of doing business in India. It is a positive step in establishing an independent and autonomous regime with a well-defined structure for institutionalized domestic and international arbitration. The aim is to make India as the hub of International Arbitration.
Key Points:

• It provides to set up an independent autonomous body for institutional arbitration and to acquire and transfer the undertakings of International Centre For Alternative Dispute Resolution (ICADR) to New Delhi International Arbitration Centre (NDIAC) w.e.f a specified date March 2, 2019.
• It will replace the New Delhi International Arbitration Centre Ordinance, 2019, promulgated by the President on March 2, 2019.
• It will revoke New Delhi International Arbitration Centre Ordinance, 2019 and save all the actions done or taken under the Ordinance which will be deemed to have been done or taken under the provisions of this Bill.

About NDIAC:
NDIAC will be headed by a Chairperson, who has been a Judge of the Supreme Court or a Judge of a High Court or an eminent person, having special knowledge and experience in the conduct or administration of arbitration, law or management. He will be appointed by the Central Government in consultation with the Chief Justice of India.It will also have 2 Full-time or Part-time Members from amongst eminent persons having substantial knowledge and experience in institutional arbitration in both domestic and international and 1 representative of a recognized body of commerce and industry as a Part-time Member. The Secretary, Department of Legal Affairs, Ministry of Law & Justice, Financial Adviser nominated by Department of Expenditure, Ministry of Finance and the Chief Executive Officer of NDIAC will be ex-officio Members.
Aims and objectives of NDIAC

• Bring targeted reforms to develop itself as a flagship institution for conducting international and domestic arbitration.
• Provide facilities and administrative assistance for conciliation, mediation and arbitral proceedings.
• Maintain panels of accredited arbitrators, conciliators and mediators both at national and international level or specialists such as surveyors and investigators.
• Facilitate conducting of international and domestic arbitrations and conciliation in the most professional manner.
• Provide cost effective and timely services for the conduct of arbitrations and conciliations at Domestic and International level.
• Promote studies in the field of alternative dispute resolution and related matters, and to promote reforms in the system of settlement of disputes.
• Cooperate with other societies, institutions and organisations, national or international for promoting alternative dispute resolution.

Approval of “The Public Premises (Eviction of Unauthorised Occupants) Amendment Bill, 2019
The Union Cabinet approved “The Public Premises (Eviction of Unauthorised Occupants) Amendment Bill, 2019”. It will facilitate smooth and speedy eviction of unauthorised occupants from Government residences. The vacant residences will be available for allotment to eligible persons on maturity of their turn in the waiting list.
Key Points:

• It will replace “The Public Premises (Eviction of Unauthorised Occupants) Amendment Bill, 2017”.
• It seeks amendments in Section 2, Section 3 and Section 7 of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971, by inserting clause (fa) before clause (fb) in Section 2, a new section 3B below section 3A of Section 3 and a new sub-section 3A below sub-Section (3) under Section 7 of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971.
• It will enable the Estate officer to apply summary proceedings for eviction of unauthorised occupants from residential accommodations and to levy damage charges for accommodation held during the period of litigation.

Approval of “The Dentists (Amendment) Bill, 2019”
The Union Cabinet approved “The Dentists (Amendment) Bill, 2019”. It will help to restructure the Dental Councils. The representation of Central Government members and elected members will not be made mandatory in the Dental Councils.
Key Points:

• It will amend the following clauses of the Dentists Act, 1948:
• Membership of the Dental Council of India under clause (f) of section 3.
• Membership of State and Joint State Dental Councils under clause (b) of section 21 and clause (b) of section 23 of the said Act.

Approval of “The Indian Medical Council (Amendment) Bill, 2019”
The Union Cabinet approved “The Indian Medical Council (Amendment) Bill, 2019”. It will ensure transparency, accountability and quality in the governance of medical education in the country and will replace “The Indian Medical Council (Amendment) Second Ordinance, 2019”.
Key Points:

• It provides for supersession of Medical Council of India (MCI) for a period of 2 years w.e.f. 26.09.2018. The Board of Governors shall exercise the powers and functions of MCI as assigned under the Indian Medical Council (IMC) Act, 1956.
• The number of members in the Board of Governors will be increased from 7 to 12.

Approval of “ The Homoeopathy Central Council (Amendment) Bill, 2019”
The Union Cabinet approved the draft of “The Homoeopathy Central Council (Amendment) Bill, 2019”. It will replace “The Homoeopathy Central Council (Amendment) Ordinance, 2019”.
Key Points:

• It sought to extend the period for reconstitution of the Central Council from an existing period of 1 year to 2 years. The tenure of the Board of Governors may be extended for a further period of 1 year with effect from May 17, 2019.
• It will help the Central Council of Homoeopathy in exercising the powers and performing the functions of the Council.

Approval of “The Aadhaar and Other Laws (Amendment) Bill, 2019”
The Union Cabinet approved “The Aadhaar and Other Laws (Amendment) Bill, 2019”. It will replace “The Aadhaar and Other Laws (Amendment) Ordinance, 2019”. It is aimed to make Aadhaar people friendly.
Key Points:
i. The decision will enable the Unique Identification Authority of India (UIDAI) to have a more robust mechanism to serve the public interest and restrain the misuse of Aadhar.
ii. No individual will be compelled to provide proof of possession of Aadhaar number or undergo authentication for the purpose of establishing his identity unless it is provided by a law made by Parliament.
iii. For the convenience of the general public to open bank accounts, the proposed amendments will allow the use of Aadhaar number for authentication on a voluntary basis as acceptable KYC document under the Telegraph Act, 1885 and the Prevention of Money Laundering Act, 2002.
The salient features of the amendments are as follows:

• Provides for voluntary use of Aadhaar number in physical or electronic form by authentication or offline verification with the consent of Aadhaar number holders.
• Provides for use of 12 digit Aadhaar number and its alternative virtual identity to conceal the actual Aadhaar number of an individual.
• Gives an option to children who are Aadhaar number holders to cancel their Aadhaar number on attaining the age of eighteen years.
• Permits entities to perform authentication only when they are compliant with the standards of privacy and security specified by the Authority; and the authentication is permitted under any law made by Parliament or is prescribed to be in the interest of State by the Central Government.
• Proposes deletion of section 57 of the Aadhaar Act relating to use of Aadhaar by private entities.
• Prevents denial of services for refusing to, or being unable to, undergo authentication.
• Provides for establishment of Unique Identification Authority of India Fund.
• Provides for civil penalties, its adjudication, appeal thereof in regard to violations of Aadhaar Act and provisions by entities in the Aadhaar ecosystem.

Approval of “The Special Economic Zones (Amendment) Bill, 2019”
The Union Cabinet approved to introduce a Bill, namely, “The Special Economic Zones (Amendment) Bill, 2019”. It will replace “The Special Economic Zones (Amendment) Ordinance, 2019”. After the amendment of sub-section (v) of section 2 of the Special Economic Zones (SEZ) Act, 2005, a trust or any entity notified by the Central Government will be eligible to be considered for grant of permission to set up a unit in Special Economic Zones.

Approval to 2 months extension to Committee for Sub-categorization within OBC in Central list
The Union Cabinet has accorded ex-post facto approval for the extension of the term of the Commission to examine the issue of Sub-categorization of Other Backward Classes (OBC), by two more months i.e. upto  July 31, 2019. This is the sixth extension to the commission. It’s term had expired on May 31, 2019.
Key Points:

• In order to have equitable distribution of benefits amongst the OBC Castes/Communities, a Commission was set up under article 340 of the Constitution to examine the issue of sub-categorization within Other Backward Classes in the Central list.
• The extension of the tenure of the commission will enable evaluation on the issue of Sub-categorization of OBC’s in the Central list based on wider consultations with various stakeholders. It will enable the commission to submit a comprehensive report on the issue.

About Union Cabinet:
It is chaired by the Prime Minister of India, Narendra Modi. It consists of senior ministers, called ‘cabinet ministers’, junior ministers, called ‘ministers of state’ and, rarely, deputy ministers.